Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 97547 (ALL)

ABHINASH ALIAS BULET GUPTA (JUVENILE) v. STATE OF U.P. AND ANOTHER

NA528/35831/2025 · 2025-09-16

Saurabh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35831 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 24.04.2025, cognizance/summoning order dated 24.05.2025 as well as the entire proceedings of Enquiry No.118 of 2025 (State vs. Bulet Gupta) arising out of Case Crime No.73 of 2025, under sections 124(1), 333, 249, 109(1), 61(2) BNS and sections 3/25/27 Arms Act, P.S. Vishunpura, District- Kushinagar, pending in the court of learned Chief Magistrate/Member, Juvenile Justice Board, Kushinagar at Padrauna. 3. Learned counsel for the applicant submitted that the applicant is a college student and was juvenile on the date of alleged incident; the instant proceeding initiated against the applicant is only to ruin his career and the same is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant. 5. After hearing rival submissions extended by learned counsel for the Versus Counsel for Applicant(s) : Devendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Abhinash Alias Bulet Gupta (Juvenile) .....Applicant(s) State of U.P. and Another .....Opposite Party(s) parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. September 17, 2025 Saif NA528 No. 35831 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad